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identified abatement date since we need to complete the discharge calculations, and are <br />waiting for water quality analysis results. <br />Step 7: Submit plans for abatement, including the planned completion date. <br />Include directions, concurrence, or approval from CDPHE, CDOW, and OSACE - Clean-up plans <br />were submitted to the CDRMS on 09/19/06 as MR06-Z11. The CDRMS subsequently notified TCC <br />that concurrence from CDPHE and CDOW would be required. To meet this requirement, a copy <br />of the clean-up plans was submitted to these agencies by e-mail on 09/19/06, with a <br />request for their comments and/or concurrence. Effective clean-up is going to be weather- <br />dependent, given practical access constraints to the stream area and the desire to avoid <br />additional disturbance, so prediction of a firm clean-up completion date is difficult. We <br />are targeting clean-up ASAP and currently anticipate that all related activities would be <br />completed by the abatement date of 10/30/06 for Steps 8 and 9. Given that we cannot <br />control when, and whether or not the identified agencies will provide comment/concurrence, <br />the abatement requirements for Step 7 need to be modified to address a "no comment" <br />situation, and adequate time needs to be provided to allow for the specified review and <br />concurrence actions. <br />Step B: Continue water quality sampling and submit copies of reports to CDPHE and CDRMS - <br />As noted for Step 6, we have voluntarily implemented a rigorous water quality sampling <br />schedule, and will copy the CDRMS on all related reports submitted to the CDPHE-WQCD. <br />Step 9/10: Reestablish DRMS approved sediment controls - Under a field authorization, we <br />are proceeding with modifications within the Pond E impoundment area to isolate the coal <br />fines within the pond and reestablish the design storage capacity ASAP. We anticipate <br />submitting a revised pond design to address the interim and any long-term modifications. <br />Step 11: Submit a written report on completion of the clean-up to CDRMS, CDPHE-WQCD, <br />CDOW, and USACE - Wi11 be completed and submitted on complation of the work. <br />Given the reasons noted above, and that the actions under Steps 6 and 7 are not critical <br />to protection of the environment, we respectfully request that the abatement dates for <br />Steps 6 and 7 be extended to 10/30/06. I have also attached a revised application form <br />for MR06-211, addressing your stated concerns - <br />Best regards, <br />Jerry <br />(See attached file: Downstream User Mail Receipts.pdf)(See attached file: <br />MR06-211 DMG App Form Rl.doc) <br />------- ----------- ------ <br />E-mail Disclaimer: <br />The information contained in this e-mail, and in any accompanying documents, may <br />constitute confidential and/or legally privileged information. The information is <br />intended only for use by the designated recipient. If you are not the intended recipient <br />(or responsible for the delivery of the message to the intended recipient), you are hereby <br />notified that any dissemination, <iistribution, copying, or other use of, or taking of any <br />action in reliance on this e-mail is strictly prohibited. If you have received this email <br />communication in error, please notify the sender immediately and delete the message from <br />your system. <br />2 <br />